Search Decisions

Decision Text

ARMY | BCMR | CY1996 | 9605885C070209
Original file (9605885C070209.TXT) Auto-classification: Approved
2.  The applicant requests correction of his records to reflect that he was awarded the Purple Heart for injuries suffered in Vietnam.  He also requests a copy of the award certificate for his Air Medal.  (He had previously requested the Air Medal certificate and was advised by the US Army Reserve Personnel Center (ARPERCEN) on 30 August 1993 that they were temporarily out of certificates and that he should resubmit his request in 6 months).

3.  He states that he was wounded as the result of enemy action in Vietnam on 22 July 1970 and through an oversight his unit commander failed to identify him for award of the Purple Heart.  In support of his request he provides copies of medical records reflecting his treatment for an injury sustained during an enemy attack on his unit and statements from his unit commander at the time and three other former members of the unit.

4.  His military records show that he was inducted on 17 September 1969 and served 10 months and 11 days in Vietnam.  He was honorably discharged on 2 September 1971.  His awards include the Bronze Star Medal with “V” device, the Air Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal and the Combat Infantryman Badge.

5.  The applicant’s medical records reflect that on 22 July 1970 he was treated for traumatic, bilateral hearing loss following an attack on his unit in which small arms, satchel charges and rifle propelled grenades were used by the enemy. The date and circumstances of the attack are substantiated by the witness statements submitted with his application.

6.  Additionally, the statement from his former unit commander corroborates the events in question and takes responsibility for not ensuring the applicant received a Purple Heart for his participation, since he, the commander, knew that the applicant was present during the attack and had been wounded.  Moreover, the applicant’s actions in defense of his unit resulted in his being awarded the Bronze Star with “V” device for heroism.

7.  Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the Purple Heart is awarded for a wound sustained as the result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was injured during an enemy attack on his unit resulting in bilateral hearing trauma, which is reflected in his medical record.

2.  There is no evidence in the record that he was furnished an Air Medal certificate as he requested, therefore, the ARPERCEN will be requested to furnish him one.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Purple Heart for injuries sustained on 22 July 1970 as a result of hostile enemy action in Vietnam.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140021655

    Original file (20140021655.txt) Auto-classification: Denied

    On 6 August 1969, the helicopter he was on, as a crewmember, was shot down by the enemy in Vietnam. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. In the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is an insufficient evidentiary basis for awarding him the Purple Heart.

  • ARMY | BCMR | CY1995 | 9510225C070209

    Original file (9510225C070209.TXT) Auto-classification: Denied

    APPLICANT REQUESTS: That his DD Form 214, Report of Separation from Active Duty, be corrected to reflect that he was awarded the Purple Heart and had completed 2000 hours of flight time. A review of available records failed to show that the applicant received any wounds or injuries as the result of hostile action during his service. Army Regulation 635-5, the regulation governing preparation of the DD Form 214, makes no provision for recording flying hours on the DD Form 214.

  • ARMY | BCMR | CY2014 | 20140017418

    Original file (20140017418.txt) Auto-classification: Denied

    The applicant requests correction of his records to show award of the Purple Heart and the Air Medal. The applicant's military service records are not available to the Board for review. A review of the applicant's available military personnel records failed to reveal any orders or other evidence that shows he was awarded the Purple Heart or the Air Medal.

  • ARMY | BCMR | CY2011 | 20110009496

    Original file (20110009496.txt) Auto-classification: Approved

    Therefore, there is sufficient evidence to award him the Purple Heart for wounds received in action on 12 May 1969. Therefore, there is sufficient evidence to award him a second Purple Heart for wounds received in action on 26 August 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action in the Republic of Vietnam on 12 May 1969; b. awarding him the Purple...

  • ARMY | BCMR | CY2013 | 20130003528

    Original file (20130003528.txt) Auto-classification: Approved

    His record contains a DA Form 20 (Enlisted Qualification Record) that shows in: a. item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his service; b. item 40 (Wounds) contains no entry (blank); c. item 41 (Awards and Decorations) the entry: * National Defense Service Medal * Air Crewman Badge * Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Campaign Medal with Device (1960) * Air...

  • ARMY | BCMR | CY1995 | 9511013C070209

    Original file (9511013C070209.TXT) Auto-classification: Approved

    Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the Purple Heart is awarded for a wound sustained as the result of hostile action. While the evidence of record shows that the applicant was a combat casualty as the result of shrapnel wounds, it does not specifically show that the wounds were the result of enemy action. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded...

  • ARMY | BCMR | CY2008 | 20080000416

    Original file (20080000416.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Assault Badge, the Long Range Reconnaissance Platoon (LRRP) Badge (Tab), the Purple Heart, and any other citations to which he is entitled. There is no evidence of record which shows the applicant completed an air assault training course. The applicant's request for correction of his records to show the LRRP Badge (Tab) is noted.

  • ARMY | BCMR | CY2011 | 20110016507

    Original file (20110016507.txt) Auto-classification: Denied

    Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound and item 41 (Awards and Decorations) of this form does not show award of the Purple Heart. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record: a. Notwithstanding his sincerity as well as that of his buddies, in the...

  • ARMY | BCMR | CY2014 | 20140017081

    Original file (20140017081.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). If not a Purple Heart, he believes that, given the documentation of the merit of this action and combat injury, appropriate recognitions should be assigned to this combat action in the face of enemy action. Previously, as the VA (at the time) had not recognized his injury, he was denied his claim for a Purple Heart for the concussion he received during a forced landing while flying combat missions...

  • ARMY | BCMR | CY2012 | 20120007025

    Original file (20120007025.txt) Auto-classification: Approved

    The evidence of record does not show he was previously awarded the Purple Heart; however, it does show he was wounded and he refused evacuation and treatment (and a possible award of the Purple Heart) for the sake of helping other, more seriously wounded Soldiers within his unit. Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records...